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Chapter 7 Visions of Power

The unconstrained vision emphasizes the impact of deliberate power, whether political, economic, or military, on social outcomes. It suggests that societal issues often arise from the use of power and can be changed by redirecting it. Conversely, the constrained vision views power as less influential, highlighting the role of complex systems in shaping outcomes, often beyond anyone's control. These contrasting perspectives influence our understanding of social issues, morality, potential for change, and the role of legal rights in safeguarding individuals.

Force and Violence

The constrained vision views human beings as inherently flawed, driven by self-interest and capable of both great and terrible things. It acknowledges the potential for violence and conflict as intrinsic to the human experience. This perspective does not seek to eliminate these negative aspects entirely, viewing such an aim as unrealistic and naive. Instead, it emphasizes the importance of managing and channeling these inherent tendencies through carefully designed social structures, institutions, and deterrents.

Conversely, the unconstrained vision holds a more optimistic view of human nature. It posits that humans are inherently rational and capable of peaceful coexistence. Violence and conflict, in this view, are not intrinsic to human nature but rather stem from misunderstandings, failures in communication, or flawed social systems that foster inequality and injustice. This perspective emphasizes the power of reason, education, and social reform to mitigate and ultimately overcome these issues.

These contrasting viewpoints shape their respective approaches to war and peace. The constrained vision sees war as an unfortunate but inevitable consequence of human nature and international relations. It views a strong national defense, strategic alliances, and a vigilant public as necessary deterrents against potential aggressors. Diplomacy and negotiation are viewed with caution, as concessions can be perceived as weakness and invite further aggression.

In contrast, the unconstrained vision views war as a failure of reason and communication. It emphasizes diplomacy, conflict resolution, and addressing the root causes of conflict, such as poverty, inequality, and political oppression. Disarmament and reducing military influence are seen as pathways to peace, as they reduce the likelihood of conflict and foster trust between nations.

Similar contrasting views apply to crime and punishment. The constrained vision sees crime as an inherent human tendency, a consequence of individual choices driven by self-interest. It emphasizes punishment as a necessary deterrent to maintain order and discourage criminal behavior. Social institutions and moral education are also seen as crucial in shaping individuals and reinforcing societal values.

The unconstrained vision, however, views criminals as primarily victims of their circumstances. It attributes criminal behavior to social ills such as poverty, lack of opportunity, and inadequate education. Addressing these root causes, rather than simply punishing the individual, is viewed as the most effective way to reduce crime. Rehabilitation and reintegration into society are emphasized over punitive measures.

In essence, the constrained and unconstrained visions offer competing frameworks for understanding and addressing complex social problems. The former emphasizes the limits of human nature and the need for external structures to maintain order. The latter highlights the potential for human progress and the power of reason and compassion to create a more just and peaceful world. These contrasting perspectives continue to shape debates on a wide range of issues, from criminal justice reform to international relations, reflecting fundamentally different understandings of what it means to be human in an imperfect world.

The Locus of Discretion

The constrained vision believes that people have limits. It focuses on how systems, traditions, and rewards shape behavior. This view thinks decisions should be spread out among many people, with choices coming from how millions of people interact, not just a few in control. It values what ordinary people think and do, shown through traditions, prices, and social rules.

The unconstrained vision believes people can plan and make decisions for the greater good. It focuses on clear knowledge, reason, and the wisdom of smart and moral leaders. This view often wants more central decision-making by those seen as wise or good.

These visions lead to different ideas about freedom, economic systems, and government's role. The constrained vision sees freedom as letting people choose within certain limits and rewards. The unconstrained vision sees freedom as people joining in group decisions and some special thinkers being free from some social rules.

For the economy, the constrained vision sees markets responding to many forces, with prices giving information and motivation. The unconstrained vision thinks the economy is controlled by certain groups and should be guided by the government for the public good.

These views apply differently to helping poor countries develop. The unconstrained approach wants planned development, more equality, and guidance from Western-educated leaders. The constrained approach thinks poor country populations respond to economic rewards and don't need special guidance.

Power is defined differently in these visions. The unconstrained vision sees power as the ability to influence others or keep economic control. The constrained vision defines power as the ability to limit others' choices, saying market trades don't involve power because they give more options.

In law, the conflict shows up in debates about how to interpret laws and what courts should do. The constrained vision wants narrow interpretations, with courts mainly setting boundaries for choices. Once these boundaries are set, courts shouldn't question decisions made within them.

The unconstrained vision wants broader interpretations. It thinks courts should consider if decisions are moral, reasonable, and fair, even within legal boundaries. This view wants judges to apply unwritten constitutional values and question choices made by other parts of government.

These visions see property rights and free speech differently. The constrained vision defends property rights because they create good economic motivation. The unconstrained vision often sees property rights as keeping wealth unequal and maybe limiting free speech when communication is expensive.

The conflict is clear in legal cases about "state action," where government power enforces private contracts or property rights. The constrained vision focuses on whether the action fits within established rights. The unconstrained vision considers if the action matches broader constitutional values like free speech.

The constrained vision emphasizes processes, rewards, and spread-out decision-making. The unconstrained vision focuses on results, central planning, and the role of moral and intellectual leaders. These different views shape debates on economics, law, development, and government's role in society.

In economics, the constrained vision sees the market as a way to share information through prices, which give both knowledge and motivation for people to act. This view says competitive markets minimize the power of individuals or groups to forcibly limit others' choices. The unconstrained vision, however, sees significant economic power in the hands of big companies and other large groups, which it believes can shape economic outcomes to their advantage.

The constrained vision is doubtful about government involvement in the economy, saying politicians' natural desire to increase their own power often leads to harmful and unnecessary actions. The unconstrained vision sees government involvement as necessary to protect the public from harm done by private economic power.

These different views extend to ideas about equality. The constrained vision tends to focus on equality of opportunity, while the unconstrained vision emphasizes equality of results. This leads to different policy ideas, with the unconstrained vision more likely to support redistribution of wealth and the constrained vision more likely to oppose it.

In law, these visions lead to different approaches to understanding the Constitution. Those with the constrained vision tend to favor a more literal interpretation, focusing on the explicit rules in the Constitution. They argue that courts should stick to defining the boundaries within which other parts of government and individuals can make choices.

Those with the unconstrained vision advocate for a broader interpretation that considers not just the explicit rules but also the implied values of the Constitution. They argue that courts should be willing to review and potentially overturn decisions made by other parts of government or individuals if these decisions seem unfair or against constitutional values.

This difference is clear in debates over property rights and free speech. The constrained vision sees property rights as essential for creating the motivation needed for economic efficiency and growth. The unconstrained vision often views strong property rights as a way of keeping wealth unequal and potentially limiting other important rights or values.

For free speech, the constrained vision focuses on protecting the process of free expression, regardless of outcomes. The unconstrained vision is more concerned with making sure all individuals can effectively make their voices heard, which may require considering factors like access to expensive communication platforms.

These visions also differ in their approach to social change. The constrained vision tends to be cautious about rapid or dramatic social changes, preferring gradual change that allows complex social systems to adjust. The unconstrained vision is more likely to support bold reforms aimed at quickly addressing perceived unfairness or inefficiencies.

The conflict between these visions isn't just academic but has big implications for policy and government. It influences debates on issues from economic regulation and tax policy to constitutional interpretation and civil rights. Understanding these underlying visions can help explain why different groups or individuals may take seemingly opposite positions on various issues.

It's important to note that these visions aren't set in stone, and many people may hold views that include elements of both. Also, how these visions are applied can vary depending on the situation and the specific issue. Still, recognizing these fundamental differences in perspective can help in understanding and potentially bridging the gaps in many social and political debates.

Summary and Implications

The constrained vision believes that human nature has limitations, making it essential to deter things like aggression and crime through strong systems rather than relying on changing people's minds. It values established processes and incentives to guide behavior.

In contrast, the unconstrained vision believes in humanity's potential for intellectual and moral progress. It sees a key role for the more enlightened members of society to guide others towards a better future, using their wisdom to shape laws, international relations, and social policies. This vision is less trusting of traditional institutions and more focused on achieving ideal outcomes, even if it requires a more active use of power.

These contrasting views are at the root of many ongoing debates, highlighting fundamental differences in how people perceive power and its role in creating a just society.